REGINA v NATHAN SIMEON HAREWOOD

REGINA v NATHAN SIMEON HAREWOOD

There was no evidential basis for leaving the defence of another to the jury, as Rehman was not under attack at the relevant time. The s.34 direction was properly given, as the unmentioned facts were significant and could reasonably have been expected to be mentioned during lengthy interviews. The applications for leave to appeal are dismissed.

Parties
Prosecution: Regina; First Appellant: Nathan Simeon Harewood; Second Appellant: Khalil Rehman
Jurisdiction
England and Wales
Judgment Date
25 November 2021
Procedural Posture
Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Conviction
Outcome
applications dismissed
Legal Topics
Murder, Manslaughter, Aggravated Burglary, Wounding With Intent, Adverse Inferences, Defence of Another, Self Defence
Criminal Law Murder Manslaughter Aggravated Burglary Wounding With Intent Adverse Inferences Defence of Another Self Defence

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Parties

Regina

Prosecution

Nathan Simeon Harewood

First Appellant

Khalil Rehman

Second Appellant

Procedural Posture

Criminal Appeal / Judgment on Renewed Applications for Leave to Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge erred in failing to leave the defence of another to the jury
  2. 2 Whether the trial judge erred in giving a direction permitting adverse inferences under s.34 Criminal Justice and Public Order Act 1994

Ratio Decidendi

There was no evidential basis for leaving the defence of another to the jury, as Rehman was not under attack at the relevant time. The s.34 direction was properly given, as the unmentioned facts were significant and could reasonably have been expected to be mentioned during lengthy interviews. The applications for leave to appeal are dismissed.

Court Disposition

applications dismissed